§329B-5.5  Substance abuse on-site screening
tests, testing procedures, and confidentiality.  The substance abuse
on-site screening test shall be administered according to the instructions of
the manufacturer and this section:



(1)  Every employer using a substance abuse on-site
screening test shall administer the test according to the package insert that
accompanies the substance abuse on-site screening test;



(2)  Any indication of the presence of drugs, alcohol,
or the metabolites of drugs by the substance abuse on-site screening test shall
not be used to deny or deprive a person of employment or any benefit, or result
in any adverse action against the employee or prospective employee, unless a
substance abuse test is conducted according to section 329B-5 and the
requirements of paragraph (3) are met;



(3)  Upon the indication of the presence of drugs,
alcohol, or the metabolites of drugs by the substance abuse on-site screening
test, the employer shall have the employee or prospective employee report
within four hours to a laboratory licensed by the department under section
329B-4 and be tested under section 329B-5.  The employer shall bear the cost of
the laboratory referral.  An employee or prospective employee who fails to
report for the substance abuse test may be denied or deprived of employment or
any benefit, or have adverse action taken against the employee or prospective
employee for refusing or failing to report for the substance abuse test;
provided that the employer has provided to the employee or prospective employee
written notice stating that:



(A)  At the time of the substance abuse on-site
screening test, the employer followed the procedures under section 329B-5.5;



(B)  The employee or prospective employee was
informed that the employee or prospective employee may refuse to submit to the
substance abuse test; and



(C)  If the employee or prospective employee
refuses or fails to submit to the substance abuse test, the employer may take
adverse employment action against the employee or prospective employee;



(4)  The operator who administers the substance abuse
on-site screening test shall have been trained in the use and administering of
the on-site screening test by the manufacturer of the on-site screening test or
the manufacturer's designee; and



(5)  Any information concerning the substance abuse
on-site screening test shall be strictly confidential.  Such information shall
not be released to anyone without the informed written consent of the
individual tested and shall not be released or made public upon subpoena or any
other method of discovery, except that information relating to a positive
on-site screening test result of an individual shall be disclosed to the
individual, a third party, the laboratory to which the individual is referred, and
the decision maker in a lawsuit, grievance, or other proceeding initiated by or
on behalf of the individual tested and arising from the positive on-site
screening test result. [L 1999, c 206, §1; am L 2007, c 179, §2]